Recognizing that ownership and access to water is an essential
element of property ownership and a property right, STPRA seeks to
protect water resources with as little government regulation as
possible. Through its actions, STPRA’s board has expressed its position
on this issue as related to both ground and surface water. Most
recently, STPRA contributed to the joint effort led by TSCRA, TWA, and
TFB that resulted in passage of SB 332 that established that ground
water below the surface is part of real property ownership.

STPRA contributed to the preparation of an amicus brief for the Texas
Wildlife Association supporting a property owner’s right of groundwater
ownership in the Day case, in which the Texas Supreme Court basically
concurred with that position.

Position

ü STPRA generally supports the joint position of the Texas and
Southwestern Cattle Raisers Association, the Farm Bureau, and the Texas
Wildlife Association, which reads, in part, as follows:

ü Groundwater is an integral part of the land and is owned by private
landowners. The Texas Constitution and more than 100 years of case law
support this position. Secure, protectable property rights best assure
conservation and stewardship of all resources, including groundwater.

ü As the demand for groundwater in Texas increases, it is important
that groundwater continues to be recognized and reaffirmed as vested,
real property of private landowners. Private landowners and their
productive open land are keys to an effectively functioning water cycle.
Their active and informed stewardship of land and water resources
benefits all Texans.

ü Like other private property in Texas, groundwater is subject to
reasonable regulation. This ensures that private landowners are treated
fairly (afforded due process), property rights are respected, and that
all private landowners maintain the ability to use groundwater for any
beneficial use.

ü Just as it makes sense for school districts to be governed by local
citizens, it makes sense for groundwater to be governed by local
citizens, which is why we support local groundwater conservation
districts. It is better and more effective for private landowners to
work with their neighbors, rather than a distant state agency.

ü However, for groundwater conservation districts to function as they
were intended, recognition and reaffirmation of groundwater ownership
is needed so groundwater conservation districts are consistent in this
interpretation across the state. All groundwater conservation districts
must recognize that groundwater is the property of private landowners
and use sound scientific principles to develop reasonable regulations
that ultimately will ensure the beneficial use of groundwater.

ü In regards to surface water, STPRA’s board has passed a resolution
opposing expansion of federal jurisdiction through removing the word
“navigable” in a revised version of the Clean Water Act. A copy of the
board’s resolution is attached and it has been forwarded to federal
elected officials.

ü STPRA supports keeping the use of brackish water under the control of the Groundwater Conservation Districts.

ü STPRA supports the proposed constitutional amendment (SJR1)
providing for the creation of the State Water Implementation Fund for
Texas and the State Water Implementation Revenue Fund for Texas to
assist in the financing of priority projects in the state water plan.

Future Action

STPRA will continue to advocate for landowner ownership of
groundwater and limited regulation of surface water, with any type of
water regulation being done as locally as possible. We will continue to
educate the public that water conservation will best be done voluntarily
by property owners.